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1991-262588 RECOROING REOUESTlD BY ~HENRECORDEDMAllTO 2052 DOC U: 1991-0262588 04-JUH-1991 11=44 AM SAN DIEGO COUNTY RECORDER'S OFFICE ANNETTE EVANS, COUNTY RECORDER FEES' 0.00 r Name Street Adjress .. . I San Dlegulto Water Dlst. 59 East "0" Street Encinitas, Ca 92024 - City&. State L --1 SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for Complete requirements.) Notice is hereby given thaI: L The undersigned is owner or corporate officer of the owner of the interest or estate slated below in the property hereinafter descrilK!d: 2. Thefullnameoftheowneris____~_Dieg:uito Water Dis.trict__ ___ 3. Thefulladdressoftheowneris_ _5J Eas~"D" Stree~ _________ ___ Encini_ta~_ Ca 92024 4. The nature of the interest or estate of the owner is; In fee_ In Fee --------------- (If other than fee, strike "I~ lee" and Insert, for elample, "p~rchaser under contract of purchase," or "lessee") 5, The full names and full addresses at all persons, if any, who hold title with the undersigned as loint tenants or as tenants in common are: NAMES ADDRESSES ------ --- --------- ------------ ---- 6 A work of improvement on the property hereinafter described was completed on ~ 21. 1991 __. The work done was: Installation of water main and appurtenances -----.~------ 7. The name of the contractor, if any, for such work of improvement was ___ ____~_____ -----.C..ontinentpl Pacific I;>evelORment Comp_a~ (If no contractor for work 01 improvement as a whole, i~$ert "no~e".l (Date 01 Contract) 8. The property on which said work of improvement was completed is in the city of Rnc-ini+i'I!:; Countyof~n Di~_ _, State of Calitornia, and is described as follows: rpn+p-r (Agreeme~~A~OO~_ APN 260-351-21 Cardiff Executive ----------- 9. The street address of said property is _ ~irm~ngham ~Newcastle (If no street address has been ofllcrallyassigned,lnserl "none" J Dated: M?lY 21, .1.9.9~_ Verification lor Individual Owner Wcv. c:bL Signature of owner orcorporale 0 alo....ner named in paragraph 2 or his agent Warren H. Shafer, Secretary VERIFICATION I, the undersigned, say: I am the M;:'!ni'l Vre.L-O-:LSan ni Pg.ui:to Water Dist ._ the declarant of the foregoing (" reSident 01", "Mana~er at", "A partner of", "Ow~er of", elc.) notice of completion; I have read said notice of completion and know the conlenls thereof; the same is true of my own knowledge, IdeclareunderpenallyofperjurythatlMeforegoingistrueandcorrect. Executed on _ --.M~2~____ (Date 01 si~nJture,) ,19~, at~cinitas w~h",,,g"dl _,California. (Personal signature of the individual who is swearin at the co~te~ts of Ihe nolice 01 completion are true) Warren H. Shafer, Secretary NOTICEOFCO,",PL.ET'ON -WOLCCTTS FORM "'4 RE.. 6_74 Spt tjoeOf larger AGREEMENT TO IMPROVE DEVELOPMENT-WATER FACILITIES AGREEMENT # A-0004 THIS AGREEMENT is made and entered into this 14rn day of July 19~, by and between San Dieguito Water District, hereinafter called District, and r.arrH ff F.VP(,l1t-i VI" rf'>ntpr T trl )/'-(~ j.,,;r\"'-5 J/IfV'f}'r f~ DR . yv- Sf<-, /.J d ~(J .i1't#1t BCVrCff) c..-f\- q 1-0 7 s (Owner's Name and Address) hereinafter called Owner. A. In the near future, Owner desires to install a water main or mains and appurtenances to service his property. B. District will own and operate such facilities, if constructed in the manner set forth herein. c. The parties desire, by this Agreement, to provide for the construction and completion of such facilities. NOW THEREFORE, it is agreed: 1. Owner hereby agrees, at his own cost and expense, to furnish all labor, equipment, and material to perform and complete, and within 365 days from the date of this Agreement by District, to perform and complete in a good workmanlike manner, according to the plans attached hereto and made a part of this Agreement, and in accordance with other special conditions noted in District Exhibit "B" on file at the office of District and any other plans or specifications referred to in this Agreement, the following subdivision improvements; water facilities as shown on the attached plans and in accordance with District's standard specifications and any other plans or specifications referred to by this Agreement or referred to in the attachments. (Exhibit nAil; Exhibit "B"; Improvement Security; Set aside Letter; and Certificate of Insurance, etc.) 2. Owner agrees that the work shall be done by a Class nAil or "C-34" licensed contactor, and that the work shall be subj ect to inspection by and to the satisfaction of District and the improvement shall not be deemed complete until approved and accepted in writing by the District. The estimated cost of said water facilities is the sum of Nineteen Thousand, nine Hundred eiqhty-five and no/IDD dollars ($ 19,985 ). Owner's obligation under this Agreement extends to the - 1 - completion of the improvements, as hereinabove set forth, and is not limited by the amount of the cost estimate. Owner further agrees that the cost estimate is an estimate only, not intended to constitute liquidated damages or a limitation on the obligations of Owner. District shall be allowed to inspect the facilities during all stages of construction. District shall be notified a minimum, of 48 hours prior to the commencement of construction. After completion of the facilities in accordance with the approved plans and specifications, and not less than 35 days after the filing of a "Notice of Completion" by District; the facilities shall be considered as donated to District and shall be owned and operated by District, if accepted by District. District will not file a Notice of Completion unless they are free of mechanic's liens. Owner shall furnish to District satisfactory proof (ordinarily in the form of a title company report) that no liens were filed against the project prior to the expiration of the lien period. 3. Monuments and stakes previously installed which are removed, altered, or destroyed prior to the completion of the improvements and their acceptance by District shall be installed by Owner within 30 days after such acceptance by District. 4. Owner shall convey to District easements, using the District Form of Easement covering the property in which the water facilities are located at all instances where the facilities are not located in a dedicated street. Owner shall have his Engineer provide District with a legal description and an 8 1/2" x lIlt plat of easements. The plat shall be a reproducible transparency with Districts title block and shall fully locate and describe the easement. 5. Owner shall pay to District, upon execution of this Agreement, and prior to commencement of any work hereunder, the amount of the cash deposit set forth in District Exhibit "a" for engineering, construction inspection, right of way expenses, materials furnished and for other District work and spe~ial charges. 6. Owner shall, at Owner's expense, obtain all necessary permits and licenses for the construction of the water improvements and give all necessary notices and pay all fees and taxes required by law. 7. The water facilites constructed by Onwer shall be connected by Owner to the existing water lines of District in a manner approved by District. If water facilities are constructed in private streets, the streets shall be curbed and/or constructed such that no damage to paving, structures or - 2 - landscaping will result from full flow fire hydrant testing or from failure of Districts water facilities. The developer and/or contractor shall submit a shutdown request to the San Dieguito Water District at least seven calendar days in advance of a shutdown. A detailed written procedure including a list of personnel, name of supervisors and equipment to be used shall also be submitted to the San Dieguito Water District. The procedure, including personnel, supervisors and equipment, must be approved by the San Dieguito Water District prior to scheduling the shutdown. The District can cancel any previously approved shutdown due to the weather and/or system operation considerations. Filing of a Notice of Completion shall not be accomplished until the following requirements have been complied with: a.) All work has been completed in accordance with the plans and specifications, all gate wells have been set flush with the street surface, and meter boxes set to finish grade; b.) A set of original plans (sepia prints), corrected to conform with the work as constructed, has been submitted to the District. 8. The water facilities shall be operated by District in accordance with the rules and regulations of District. Meter costs are not included in the estimated cost of water facilities and shall be paid by Owner, in accordance with District's rate schedule, as it from time-to-time exists. Water for construction purposes will be provided in accordance with District1s Rates and Rules and Standard Practices. 9. District shall not, nor shall any officer or employee of District be liable or responsible for any accident, loss or damage happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the same, nor shall District, nor any officer or employee of District, be liable for any persons or property injured by reason of said work or improvements, but all of said liabilities shall be assumed by Owner, who agrees to indemnify and save harmless District and the officers and employees of District from and against any and all claims, demands, losses, costs, and causes of action of any nature, and any expense incident to defense thereof (including attorney's fees), for injury to or death of persons or damage to property arising out of the construction of the water facilities. Owner further agrees to protect District and the officers and employees of District from all liability or claims because of, or arising out of, the use of any patent or patented article in the construction of said improvements. The Owner shall cause the contractor to file with the District "certificates of Insurance" indicating that the following coverage is in effect: - 3 - a.) An oriqinal certificate of insurance naming the San Dieguito Water District as certificate holder and additionally insured with a minimum public liability limit of $1,000,000 for each occurrence and aggregate for combined bodily injury and property damage. 10. District shall not, nor shall any officer or employee of District, be liable for any portion of the expense of the aforesaid work or for the payment of any labor or materials furnished in connection therewith. 11. Owner shall furnish to District good and sufficient security in the form of cash deposit, a letter of credit or other security as approved by the District Engineer in the amount of 150% of the estimated costs of improvements, to assure faithful performance of this Agreement in regards to said improvements. 12. District may make changes, alterations or additions to the improvement plans and specifications, not to exceed 10% of the original estimated costs of the improvements. Owner shall provide additional security in a form satisfactory to the District in an amount equal to 100% of the total estimated cost of the improvements, as changed, altered or amended; this amount may be adjusted by the amount of work completed and any partial releases already made. All such changes, alterations, or additions shall not relieve the Owner of his improvement security given for the faithful performance of this Agreement. 13. In the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this Agreement, said extension may be granted by District and shall in no way affect the validity of this Agreement or release the improvement security given for the faithful performance of this Agreement. 14. Owner shall, and hereby does guarantee all work for a period of one year after date of filing of a Notice of Completion by District, and shall repair or replace any and all such work, together with any other work which may be displaced in so doing, that may prove defective in workmanShip and/or materials within a one-year period from date of filing of a Notice of Completion by District without expense whatsoever to District, ordinary wear and tear, unusual abuse or neglect excepted. District will give notice of observed defects with reasonable promptness. - 4 - ~ PARTNE.RSHIP ACKNOWLEDGMENT ,.~ ('~~~. ~1 State of - ~--V .:m i, County of k'VI ~; p J:: ~ q "\ '\:' q<t . 7130122 I II ._.. OFFICIAL SEAL MILAGROS llZAADI NalaryPublk--CdJornll IMDIEGOCOUIITY .. -.... .. ". II I STATE OF CALIFORNIA COUNTY OF k-><- ~-o.o --........ . ............-...... ... "~'-'-~"', : .. <,-,,----<, OF-'ClAlSf.<l,L : fB\,,""*;~~~ JOS€P,INE E NEEB i :\~,'~,:- -::,J;, N:-~.l"l ~ul'l c C~)llom':t . ... . . "y'" rc..p~-li"<f;~." . . "-b-""" ,'.,;.- ::'.,'" 'r,,-,,,'" .. "-":--,;,-,-'. S:";C'"",,,,'-'oun;'J .. I '-' '-:;.- ~,'" C-...... .. ~ -:. " -'. ,.m. t.xp. IVI"y 26,1990" .~...~.o.,..o............. I .-.. ACKNOWLWGr.lENT-~fPDralion_WoiC!Jtt. Form n2CA-~-R.,. 5-82 :[1982WOlCOnS,INC }~. "'= On this thellfhday of M 19~beforeme, ;11; /~ /0..5 L' <-"-OJ ( the undersigned Notary Public, personally appeared (vUe-At( e-/ L. Lob",., ,; personally known to me j)I( proved to me on the basis of satisfactory evidence to be the persan(s) who executed the within instrument on behalf of the partnership, and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. '~ Notary'~'''- . NATIONAL i'IOTAAY ASSOCIATION' 23012 V<lmura Blvd. . P.O. Bo>< 452:5' _land Hills, CA 91364 }, On this <-2 S d day of before me. the underSigned, Not , in the year 19--Xi nd for said Slate. personally appeared ,personally known 10 me (or pro.ved to me on the basis of .~ct~ eVidx/~;k~O,,~ the person who executed the W~)11J'1m~knlg~Jf-~.lt'flhe ~ ~1hereln named, afld acknowledged to me thaI the l>erfl9 SF! executed1t. WITNESSmYh"d"dOff~:ro7-'~L ct=~/4 Notary PubliC III and lor said Slate. Owner shall notify District upon completion of repairs. In the event of an emergency, District may make the repairs and Owner shall be liable for all expenses incurred. In the event Owner fails to comply with District I s request for correction within one week after being notified in writing by District, District is hereby authorized to proceed to have the defects repaired and make good at the expense of Owner, who hereby agrees to pay the cost and charges therefore, immediately upon demand. In the event District elects to repair the defective work, such action by District will not relieve Owner of the guarantees provided in this paragraph. 15. Owner shall furnish to District good and sufficient security, in the form of cash deposit, letter of credit or other security as approved by the District Engineer to District, in the amount of 25% of the estimated total cost of the improvements, to secure Owner's guarantee and warranty for a period of one year following the acceptance by District against any defective design work or labor done or defective materials furnished. 16. The plans provided for in this contract conform to the current standards of the San Dieguito Water District. The developer will be required to conform to the standards applicable on the date upon which construction is commenced on the development if construction is not commenced within six months of the date of the execution hereof by the San Dieguito Water District. 17. OWner agrees to install water improvements as called for on signed improvement plans. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day first above written. SAN DIEGUITO WATER DISTRICT OWNER/DEVELOPER CARDIFF EXECUTIVE CENTRE, LTD W~+I ~ ~j.dw./ ~ Ge-. r,~~ / - 5 - EXHIBI'f "B" Project Name: Date: Birmingham Drive APN 260-351-21 July 14, 1989 A-0004 1. The Owner/Developer to provide for the installation of the below listed water facilities. 2. No facilities will be installed prior to the execution of agreement to improve development water facilities. 3. No facilities will be installed prior to the acceptance by the District of: (a.) Instrument of Credit (b.) Certificate of Insurance. 4. Improvement plans shall not be signed as approved by the District, prior to the stipulations spelled out in Paragraphs 1 through 4, with the exception of fees and deposits designated by the asterisk (*) which are required prior to installation/construction. 5. Developer to provide for compaction testing per requirements of San Dieguito Water District. 6. Developer to provide for construction staking and surveying for the proposed water facilities. 7. Cardiff Executive centre~ install the water facilities Developer/Owner's Name listed in Paragraph 8. 8. INSTALLATIONS: 347 L.P. Trench resurfacinq a.) 347 T,.F_ fl" ~-gOO, rnnnp~~innR & ~pp ~ b.) (2) 811 Gi'lt:P- Vi'llvp-s $ c.) (1) 12" Hot Tap $ d.) (1) 8x8x4 Tee $ e.) (1) 2" & (1) 1" Water Service $ f.) (1) Air Release $ g.) 811 Water main connection $ Total Estimate: $ 3,817 R,1?R 1 ,'160 1,500 400 1,580 1,200 1,600 19,985 9 . IMPROVEMENT SECURITY: a.) Improvement of Security, 150% $ 29,978 10. ENGINEERING COSTS: $ -O- Il. HETER FEES: (METER & CAPACITY) a.) (1) 2" Meter $ 4.520 b. ) (1) 1" Meter $ 1.910 c.) $ d.) $ e. ) $ Total Meter Fees: $ 6,430 * Page 1 of 2 EXHIBIT "B" 12. CAPACITY FEE: (BACKFLOW a.) 4" Fire Sprinkler b.) & FIRE SPRINKLER ONLY) $ 1. 265 $ $ Total Capacity Fee: 1,265 * 13. CAPACITY a.) 5/8" b. ) c.) CREDIT: (OFFSETS NEW Meter (Final & Stock) Total Capacity Credit: CAPACITY FEES #010511402$ $ $ $ ONLY) 1,250 14. INSPECTION: (ESTIMATE DEPOSIT) $ 1,250 1,608 * * 15. DEPOSITS & FEES: Engineering Costs Meter Fees Capacity Fees Capacity Credit *Total Estimated $ $ $ $ Deposits 1,608 -0- 6,430 1 265 < 1;2511> & Fees Required:$ 8,053 16. The above figures for deposits are estimates only and may vary accordingly. Upon completion of installation, cost will be computed and billing or refund will be issued to your firm. 17. In the event the 90-day period elapses from date of Exhibit "B", the above estimated deposits and fees must be revised and are subject to the condition of agreement with San Dieguito Water District. 18. Contractor is responsible for consumer side connection of proposed project meters. The District shall furnish consumer ball valves as part of Item 11. 19. Easements, in the form used by the District, for the new water facilities will be executed by the developer and be recorded prior to the water facility installation/ construction and filing of the subdivision map. ACCEPTANCE SAN DIEGUITO WATER DISTRICT ~~~~ OWNER/DEVELOPER CARDIFF EXECUTIVE CENTRE, LT,'~ /Z1~'-..dJ;/ ;;U~ / <5---,.. p ,J-.-.- Page 2 of 2 CAT. NO. NN00627 TO 1944 CA 19-84) .. TICOR TITLE INSURANce (Individual) t STATE OF CALIFORNIA . COUNTY OF S~ V / e~o On 1lPcz""",k>e-1 S / Iq~ said State, personally appeare~ i~ ~ ~j) }ss Notary Public in and for before me, the und~rsigned, a C-. t::'~ a,....1..::v L. Lob,qr1 , personally known to me or proved to me on the basis of satisfactory evidence to be the person.,2.whose name' ~SUb~othe within instrument and acknowledged that exe- cuted the same. WITNESS my hand and official seal. . . . % . " . < . . :-._.....+-+-~.._._--...... .~:--::,~'" QFfiCiALSEAl 1 1 {::.::l~,,;; NANCY KROLICK · ~ !-.'f6~~~:N()'AP'! Fl'SLlt,_r.f,LIFDRN1,,1 (. '._ ;i"~c,~tt:. ''P''.'' 'I'" 0" '''[ .r. . :_ \~~:::___ ..; 'c';:;;;"-'_:-Ji';;':~"TY : 1 !;~j ,_:,'.,; "c~ E.~:i:". bill. 1990 t . ,.~......~:v.,.;.....~.: ~ Sign"U'~;;~ (This area for official nOIllrial seal) s. DIEGUITO WATER DISTRICT WATER IMPROVEMENTS SECURITY OBLIGATION AGREEMENT KNOW ALL PERSONS BY THESE PRESENTS: h t 1/ CONTINENTAL PACIFIC DEVELOPMENT COMPANY T a we ' Principal, are held and firmly bound unto the San Dieguito Water District, a irrigation district, in the city of Encinitas, County of San Diego, state of California, in the sum of Twenty Nine Thousand Nine Hundred . ($ .00 ) in the form of letter of credit on deposit with the District Treasurer and to be held by it until this obligation becomes void and if any of the conditions herein are breached, to be applied by the San Dieguito Water District to satisfy any damages suffered and pursuant to the provisions recited hereinafter. The condition of the foregoing obligation is such that whereas the above-named Principal has agreed pursuant to "Agreement To Improve Development-Water Facilities" No. A-0004 , dated July 14, 1989 a copy of which is attached hereto, 2io dl'fl'v~de R,ertat!;\ improvements for the property known as ar xecu ]. ve entr~ and is required by said agreement to give the District a security to guarantee the performance and completion of said improvements: NOW, THEREFORE, if the said Principal shall well and truly perform all the work specified in said agreement, then this obligation shall be null and void, otherwise to remain in'"full force and effect. In addition, this security shall be conditioned upon the Principal's full compliance with all terms and conditions of the required city of Encinitas Engineering Permit including any condition specifying a time limit: and further conditioned upon full compliance with all provisions of the ordinances and standards of the city of Encinitas and San oieguito Water District. IN WITNESS his hand, this WHEREOF, the 5~ day of said Principal has hereunto set De c..<eM.. ben, 19 ('l0{ . , - ~7~ 14 Lomas Santa Fe Drive Sui te 100 Solana Beach, CA 92075 Principal Michael L. Loban 140 Lomas Santa Fe Drive, Suite 100 Business Address Solana Beach, CA 92075 Sec/3/29/89 SAN DIEGUITO WATER DISTRICT AGENDA REPORT Meetinq Date: July 25. 1989 To~warren H. From: A-~osePh V. \J.ICl~ictor R. Shafer, General Manager Palmer, Graves, Operations Manager Engineering & Planning Supervisor District Engineer~ Via: Morton F. AUgust, Date: July 14 I 1989 Subject: "Agreement to Improve Development - Water Facilities" for Cardiff Executive Center, Ltd. BACKGROUND On November 28, 1988, Cardiff Executive Center Ltd., received approval by the city of Encinitas per Resolution C-88046, to build an office complex at 120 Birmingham Drive. This project will front Birmingham Avenue, which does not presently have a water main serve it. In order to meet project requirements, a new water main will need to be installed in Birmingham, extending from Newcastle Avenue to San Elijo Avenue. DISCUSSION After reviewing the present field operations workload, staff feels that using District personnel for this project would not only create a hardship on normal operations, but also leave us short handed if an unexpected emergency occurred. For this reason, the District has requested the Owner/Developer to enter into an "Agreement" with the District to provide a properly licensed contractor to install the water improvements under District inspection. After completion of the facilities in accordance with the approved plans and specifications, the water pipelines will then be owned and operated by the District. The District has been provided with the required information for this commercial site. The Developer agrees to bear all costs for improvement and abide by District Specifications. RECOMMENDATION It is recommended that the San Dieguito Water District Board of Directors authorize the Manager to enter into an "Agreement to Improve Development - Water Facilities" with Cardiff Executive Center, Ltd.